BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair S
1999-2000 Regular Session B
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SB 570 (Alarcon)
As Amended April 12, 1999
Hearing date: April 20, 1999
Penal Code
AA:br
SCHOOL DISRUPTIONS: PENALTIES ;
TERRORIST THREATS: SCHOOL PERSONNEL ;
SCHOOL PERSONNEL: MANDATORY MISSING CHILD REPORTING
HISTORY
Source: United Teachers of Los Angeles (sections 1 and
2); Author (sections 3 and 4)
Prior Legislation: None
Support: California School Boards Association
Opposition:ACLU
KEY ISSUES
SHOULD THE CRIMINAL PENALTIES FOR THE WILLFUL DISRUPTION ON
SCHOOL GROUNDS BY NON-PUPILS AND DISRUPTION OF SCHOOL
ACTIVITIES BE RESTRUCTURED AND, IN SOME CIRCUMSTANCES, BE
INCREASED, INCLUDING THE ENACTMENT OF MANDATORY MINIMUM
JAIL TERMS?
SHOULD PRISON TERM ENHANCEMENTS BE ENACTED FOR TERRORIST
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THREATS AGAINST SPECIFIED EDUCATORS?
SHOULD LEGISLATIVE INTENT LANGUAGE BE ENACTED TO REQUIRE
SPECIFIED SCHOOL-RELATED WORKERS TO REPORT MISSING CHILDREN
TO LAW ENFORCEMENT, AS SPECIFIED?
PURPOSE
The purpose of this bill is to 1) restructure and, in some
circumstances, increase the criminal penalties and impose
mandatory minimum jail terms for the willful disruption on
school grounds by non-pupils and disruption of school
activities; 2) enact prison term enhancements for terrorist
threats against specified educators; and 3) enact
legislative intent language to require specified
school-related workers to report missing children to law
enforcement, as specified.
Willful Disruption on School Grounds by Non-Pupils
Current law provides that "[e]very minor over 16 years of
age or adult who is not a pupil of the school, including
but not limited to any such minor or adult who is the
parent or guardian of a pupil of the school, who comes upon
any school ground or into any schoolhouse and there
willfully interferes with the discipline, good order,
lawful conduct, or administration of any school class or
activity of the school, with the intent to disrupt,
obstruct, or to inflict damage to property or bodily injury
upon any person, is guilty of a misdemeanor," punishable by
a fine of not less than $100 nor more than $1,000, or by
imprisonment in the county jail for not more than six
months, or both.<1>
This bill would restructure and increase the penalties for
this offense as follows:
Upon the first conviction: a fine of not less than $500
and not more than $1,000, or by imprisonment in a county
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<1> Education Code 44810.
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jail for not more than one year, or by both the fine and
imprisonment.
Upon a second conviction: imprisonment in a county jail
for a period of not less than 10 days, and not more than
one year, or by both imprisonment and a fine not
exceeding $1,000. In addition, the defendant would be
prohibited from being released on probation, or for any
other basis until he or she has served not less than 10
days in a county jail.
Upon a third or subsequent conviction: by imprisonment in
a county jail for a period of not less than 90 days, and
not more than one year, or by both imprisonment and a
fine not exceeding $1,000. The defendant would be
prohibited from being released on probation, or for any
other basis until he or she has served not less than 90
days in a county jail.
Disruption of School Activities
Current law provides that "[a]ny parent, guardian, or other
person whose conduct in a place where a school employee is
required to be in the course of his or her duties
materially disrupts classwork or extracurricular activities
or involves substantial disorder is guilty of a misdemeanor
which is punishable by a fine not exceeding $100, by
imprisonment in the county jail for a period of not more
than 10 days, or both. This section does not apply to any
otherwise lawful employee concerted activity, including,
but not limited to, picketing and the distribution of
handbills.<2>
This bill would restructure and increase the penalties for
this offense as follows:
Upon the first conviction: a fine of not less than $500
and not more than $1,000, or by imprisonment in a county
jail for not more than one year, or by both the fine and
imprisonment.
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<2> Education Code 44811.
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Upon a second conviction: imprisonment in a county jail
for a period of not less than 10 days, and not more than
one year, or by both imprisonment and a fine not exceeding
$1,000. The defendant would be prohibited from being
released on probation, or for any other basis until he or
she has served not less than 10 days in a county jail.
Upon a third or subsequent conviction: imprisonment in a
county jail for a period of not less than 90 days, and not
more than one year, or by both imprisonment and a fine not
exceeding $1,000. The defendant would be prohibited from
being released on probation, or for any other basis until
he or she has served not less than 90 days in a county
jail.
This bill would expressly provide that this section would
"not apply to any otherwise lawful employee concerted
activity, including, but not limited to, picketing and the
distribution of handbills."
Terrorist Threats
Under current law , any person who "willfully threatens to
commit a crime which will result in death or great bodily
injury to another person, with the specific intent that the
statement, made verbally, in writing, or by means of an
electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it
out, which, on its face and under the circumstances in
which it is made, is so unequivocal, unconditional,
immediate, and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect
of execution of the threat, and thereby causes that person
reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall
be punished by imprisonment in the county jail not to
exceed one year, or by imprisonment in the state prison, as
specified.<3>
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<3> Penal Code 422.
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This bill would provide that the penalty for the
above-stated offense would include "an additional
punishment of one, two, or three years in state prison, or
a fine not to exceed $5,000, or both imprisonment and fine,
if the offense is committed against any one of the
following persons:
a principal;
a teacher;
a school board member; or
other school personnel.
Reporting of Missing Children
Existing law defines a "missing person" to include, but not
be limited to, a child who has been taken, detained,
concealed, enticed away, or "illegally" retained by a
parent. It also includes any child who is missing
voluntarily or involuntarily, or under circumstances not
conforming to his or her ordinary habits or behavior and
who may be in need of assistance.<4>
This bill would codify the following Legislative intent in
a proposed new title of the Penal Code entitled, "Mandatory
Reporting of Missing Children, Dependent Adults, and
Persons at Risk":
The Legislature hereby declares its intent in
enacting this title to require that specified
persons, including school teachers, school
administrators, school aides, school
playground workers, (and) school bus drivers,
report missing children to a law enforcement
agency in a timely manner, in order to
provide those children a necessary level of
protection when they are at serious risk.
COMMENTS
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<4> Penal Code 14213.
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1. Stated Need for This Bill
The author states in part:
The provision requiring school personnel to
report missing children to law enforcement in
a timely manner is intended to do two things.
First, we want to make it clear to school
personnel that the best way to locate a
missing child is to notify law enforcement in
a timely manner that the child is missing. .
. There have been incidences in the district
where a child who was language impaired got
on the wrong school bus. It was several
hours after the school realized that the
child was missing and could not be located
before law enforcement was called. Within a
very short time, law enforcement located and
returned the child. . . .
The provisions of the bill increasing the
penalties for threats and harassment of
various school personnel result from the
ever-increasing incidences of threats,
harassment and disturbances on school
campuses. . . . Unfortunately, these are not
rare incidences in the schools in Los Angeles
and elsewhere around the state. . . .
. . . I have called for an audit, by the
Joint Legislative Audit Committee, to
determine how school districts handle and
resolve conflicts that arise between parents
and school officials. . . . However, I also
believe that it is important to get the
message out to everyone involved that
whatever the problem is, violence in our
schools will not be tolerated as a response.
(emphasis in original)
2. Punishment Increases; Mandatory Minimum Jail Terms
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As set forth above, this bill proposes to restructure the
current penalty provisions for two statutes which generally
proscribe willful disruption of school activities. The
following chart illustrates how these proposed changes
compare to current law:
-----------------------------------------------------------
|Offense |Current |Proposed |Proposed |Proposed |
| |Penalty |Penalty: |Penalty: |Penalty: |
| | |1st |2nd |3rd or |
| | |Offense |Offense |More |
| | | | |Offense |
|-----------+-----------+-----------+-----------+-----------|
|Willful |misdemeanor|misdemeanor|misdemeanor|misdemeanor|
|Disruption |: jail for |: jail |: |: |
|on School |not more |for not |mandatory |mandatory |
|grounds by |than 6 |more than |minimum |minimum |
|Non-Pupils<|months, |one year, |jail not |jail not |
|5> |and/or |and/or |less than |less than |
| |fine $100 |fine $500 |10 days & |90 days & |
| |- $1000 |- $1000 |not more |not more |
| | | |than one |than one |
| | | |year; or |year; or |
| | | |both jail |by both |
| | | |and a fine |jail and a |
| | | |not more |fine not |
| | | |than |more than |
| | | |$1000. |$1000. |
|-----------+-----------+-----------+-----------+-----------|
|Disruption |misdemeanor|misdemeanor|misdemeanor|misdemeanor|
|of School |: jail not |: jail for |: |: |
|Activities<|more than |not more |mandatory |mandatory |
|6> |10 days, |than one |minimum |minimum |
| |and/or |year, |jail not |jail not |
| |fine not |and/or |less than |less than |
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<5> Education Code 44810; See "Purpose" section in text.
<6> Education Code 4481; See "Purpose" section in text.
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| |more than |fine $500 |10 days & |90 days & |
| |$100. |- $1000 |not more |not more |
| | | |than one |than one |
| | | |year; or |year; or |
| | | |both jail |by both |
| | | |and a fine |jail and a |
| | | |not more |fine not |
| | | |than |more than |
| | | |$1000. |$1000. |
-----------------------------------------------------------
In addition to increasing penalties for these offenses,
this bill proposes to enact mandatory minimum jail terms
for repeat offenses. Current law contains a number of
provisions requiring mandatory jail terms as a condition of
probation except in unusual cases; for example:
participation in criminal street gang activity (PC
186.22(c));
looting (PC 463);
certain theft offenses (PC 1203.044(e);
specified firearm offenses (PC 1203.095); and
specified domestic violence offenses (PC 273.55 and
273.56).
According to the 1997-98 results of the "California Safe
Schools Assessment," the largest category of known suspects
involved in incidents of school crime is students; non-
students were responsible for only six percent of school
crime incidents.
ARE THE EXISTING PENALTIES FOR THESE OFFENSES INSUFFICIENT?
SHOULD THE PENALTIES FOR THESE OFFENSES BE INCREASED AS
PROPOSED BY THIS BILL?
SHOULD MANDATORY MINIMUM JAIL TERMS BE ENACTED FOR REPEAT
VIOLATIONS OF THESE OFFENSES?
SHOULD THE MANDATORY MINIMUM JAIL TERMS PROPOSED BY THIS
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BILL BE AMENDED TO INCLUDE GOOD CAUSE EXCEPTIONS?
3. Terrorist Threats: Proposed Enhancement for Educator
Victims
As noted above, under current law willfully threatening to
commit a crime that would result in bodily injury or death
is a wobbler, with a base term felony (16 months, 2 or 3
years). This bill would add to this penalty an enhancement
of one, two or three years in state prison if the offense
is committed against a principal, teacher, school board
member or other school personnel.
Current law includes a number of sentence enhancements,
ranging from one year<7> to 25 to life.<8> The following
one, two or three year enhancements-which this bill
proposes-
exist under current law:
committing a felony while violating provisions against
participating in criminal street gang;<9>
committing a felony hate crime;<10>
felony conviction of unlawfully causing of fire, as
specified;<11>
carrying a firearm while committing a street gang
crime;<12>
personally using a deadly weapon in the commission of
carjacking or attempted carjacking;<13>
being a principal, knowing another principal is
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<7> For example, money laundering (PC 186.10(c)(1)(A);
prior conviction of felony hate crime with current
conviction of same (PC 422(75(e); and prior prison term
for felony with current conviction of felony (PC
667.5(b); and a number of others.
<8> Discharging firearm causing great bodily injury while
committing designated felony (PC 12022.53(d)).
<9> Penal Code 186.22(b)(1).
<10> Penal Code 422.75(a).
<11> Penal Code 452.1.
<12> Penal Code 12021.5(a).
<13> Penal Code 12022(b)(2).
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personally armed with a firearm, while committing drug
offenses;<14>
supplying a firearm for commission of a felony;<15> and
unlawful firearm transaction, as specified.<16>
The enhancements proposed by this bill are based on the
status of the victim as an educator. Existing enhancements
generally are based on the nature or method of the offense
or the existence of priors. A few are based on the status
of the victim, such as elder or dependent adult abuse
resulting in great bodily injury,<17> and kidnapping a
child-victim for the purpose of committing a sex
offense.<18>
SHOULD THE STATUS OF EDUCATORS AS VICTIMS OF TERRORIST
THREATS BE THE BASIS FOR A NEW FELONY SENTENCING
ENHANCEMENT?
4. Reporting Missing Children; Mandate on School Personnel
As explained above, this bill would enact legislative
intent in the Penal Code to require certain school-related
personnel to report missing children to law enforcement in
a timely manner. The bill contains no other language, and
no penalty for the failure to do so. In the absence of
additional language, it is unclear what the effect of this
provision would be. For example, would this language enact
mandated reporting obligations? If not, what would be its
function in the Penal Code? Since the language is proposed
to be inserted into the Penal Code, is it the author's
intent that criminal penalties would be enacted at some
point to enforce this mandate?
In addition, the Committee may wish to discuss with the
author if he intends to move this language forward as
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<14> Penal Code 12022(d).
<15> Penal Code 12022.4.
<16> Penal Code 12072(g)(4).
<17> Three or five year enhancement (Penal Code
368(a)(2).)
<18> 15 years (Penal Code 667.8(b).
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"spot" language and amend it substantively further in the
legislative process.
SHOULD THE LEGISLATIVE INTENT PROPOSED BY THIS BILL BE
ENACTED IN THE PENAL CODE?
SHOULD THIS LANGUAGE BE DEVELOPED FURTHER PRIOR TO
ENACTMENT?
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